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Philip Berg Admitting to Defrauding the Disciplinary Board of the Supreme Court of PA

Philip Berg Admitting to Defrauding the Disciplinary Board of the Supreme Court of PA

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Published by patgund
Report to Dr. Orly Taitz from a hired investigator.
Report to Dr. Orly Taitz from a hired investigator.

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Categories:Business/Law
Published by: patgund on Apr 04, 2012
Copyright:Attribution Non-commercial

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11/06/2012

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SUBJECT: BERG, Philip J. CLIENT: Orly TaitzFILE: 12020001OT-01PAGE 1 
ASSIGNMENT
1.Attend the PA Disciplinary Board of the Supreme Court of PA hearing of Philip J. Bergon Friday, February 10, 2012 and then report back to the client.
INVESTIGATIVE SUMMARY
The investigator arrived to the aforementioned hearing at 9 AM on Friday, February 10, 2012 toconfirm that the public was allowed attend. It was confirmed that the public could attend, but noelectronic devices, including phones, laptops, iPads, etc. were allowed.The hearing started slightly late and lasted several hours. The defense produced ninewitnesses, including Philip J. Berg. The other eight were character witnesses. The counsel for the Office of Disciplinary Counsel produced one witness. The ODC crossed examine the firstfour witnesses, as well as Mr. Berg, but stipulated to the final four character witnesses.The panel for the ODC stated that at the end of the hearing that once they receive the transcripta decision would be made within twenty days.Mr. Berg seemed contrite but did get a little defensive at times. However, he did not loosecontrol.
DETAILS OF INVESTIGATION
The hearing began slightly after 9:20 AM beginning with Mr. Berg’s attorney Sam Stretton. Mr.Stretton called Barbara May as his first character witness. Ms. May is an Adjunct FacultyMember of the Montgomery County Community College and has been a member of the bar association since 1982. Ms. May worked part time for Mr. Berg from about the late 1980’s tothe early 1990’s. She has retained a relationship with Mr. Berg since before that time. Thiswitness stated that Mr. Berg has a good reputation and his known to be honest and truthful.She also stated that she knows him to be peaceful and law abiding. Ms. Patricia Dugan,Disciplinary Counsel, cross examined the witness briefly, during which time Ms. May stated thatshe did not know anything about the specific allegations being made against Mr. Berg.Mr. Stretton then called Carol Ann Miller as the next character witness. Ms. Miller has knownMr. Berg for twenty years and has been his fiancé for 16 years. She has been a teacher at aprivate preschool for twenty-five years. She knows Mr. Berg to be an honest and truthful personas well as a peaceful and law abiding citizen. She believes people within their community of Lafayette Hill would also say the same. Ms. Miller spoke of her knowledge of what the defensewas trying to prove would be mitigating circumstances in his case. She stated that Mr. Bergtook care of his brother for several years from the time he contracted colon cancer until hisdeath seven years later. Mr. Berg’s brother also had schizophrenia. Additionally, Mr. Berg hadto care for his mother who is now ninety-four years old. She and Mr. Berg were the onlyThe KODA Group
 
SUBJECT: BERG, Philip J. CLIENT: Orly TaitzFILE: 12020001OT-01PAGE 2caretakers because his sisters live in Virginia and New Jersey. During this time, Mr. Berg alsowent through bankruptcy. Ms. Miller confirmed that her fiancé was active in the community,serving as a volunteer fire-policeman. Essentially, he arrives at the scene of a fire and directstraffic. He holds the rank of Lieutenant. He was also involved in various charities.Ms. Dugan cross examined and established only that Ms. Miller was not 100% sure of theallegations against her fiancé but did know that it the basic allegations had to do with him nottelling a client everything about the client’s case. During the brief time of cross examination,Ms. Miller displayed what appeared to the investigator as contempt in her voice for theDisciplinary Counsel.The third character witness was Sherry Klein, who has known Mr. Berg for about 18 years. Sheis currently unemployed but is a volunteer firewoman at the Barren Hill Fire Company. Shestarted there eighteen years ago and that was when she first met Mr. Berg. She rose to therank of captain, but has since stepped down and is currently the rank of lieutenant. She saidthat Mr. Berg was already a member of the fire department when she joined. She stated thathis reputation is excellent and that he is a truthful, honest, peaceful, and law abiding citizen.She has regular contact with people who know and also respect Mr. Berg, most of which arewith the fire department. Ms. Klein stated that she has never heard a bad word about Mr. Berg.The fourth character witness called by Mr. Stretton was Arlene Tannenbaum. Ms. Tannenbaumis a manager for an insurance company. She has known Mr. Berg for 30 to 35 years. She hiredhim originally as a divorce attorney aft he came highly recommended by people in thecommunity. They then became friends and have retained a strong relationship since. Ms.Tannenbaum called Mr. Berg the "Semi-Mayor" of Lafayette Hill. He is involved in severalcharities and the local fire department. When asked by Mr. Stretton how she would rate Mr.Berg's reputation on a scale of1 to 10, 10 being the highest, she responded that his reputationwas excellent and would rate it a 9 or 10. Ms. Tannenbaum stated that she was unaware of theallegations against Mr. Berg.Mr. Stretton then called his client, Philip J. Berg, to the stand. Mr. Berg said his date of birth is April 13, 1944. He testified that he has been an attorney since 1971 and has practicedcontinually since then. He was married and divorced once, but is currently engaged. He hastwo children. His daughter is a pharmacist in Tampa, FL. His son ran for district judge at theage of 16. The son is currently an attorney and a member of the bar in Pennsylvania, NewYork, and California.Mr. Berg did his undergraduate work at Temple University and went to law school at ToledoUniversity in Ohio. He clerked for the late Judge Sloan in Philadelphia and was employed bythe Commonwealth of Pennsylvania in the Eastern Regional Office of the Attorney General'sOffice. Mr. Berg was an Assistant Attorney and was promoted to Deputy Attorney General. Hr gave notice in 1980 to run for the state senate. Mr. Berg was a member of of the EasternDistrict of Pennsylvania and was admitted to the 9th District Court in California.Mr. Berg started his own law practice in 1980 and continues it to this day. In the past he has hadassociates but no partners. It is a general practice. The last years he has been by himself. Hehas a paralegal, Lisa Liberi, who lives in New Mexico. They communicate via email, fax, andphone. The practice's emphasis the last several years has been personal injury. Mr. Berg hasargued in all three Appellate Courts in Pennsylvania.Mr. Berg ran for various public offices from 1980 to 2000. In 1980, he ran for the State Senate.During the 1980's, he ran for his local school board. In 1990, he ran as a pro-choiceThe KODA Group
 
SUBJECT: BERG, Philip J. CLIENT: Orly TaitzFILE: 12020001OT-01PAGE 3gubernatorial candidate against Governor Bob Casey. In 1994, he ran for Lieutenant Governor.He again ran for governor in 1998. He then ran again for the State Senate in 2000. He did notwin any of these races. However, he was elected as a Committee Person and then Chairmanof the Montgomery County Democratic Party.In 1981, he started as a volunteer fire-police in Lafayette Hill. He was a lieutenant for ten tofifteen years. He still participates and answers about 120-150 calls per year. The fire-policedirect traffic at fires and accident scenes. Mr. Berg stated that it is a dangerous job and thatmore fore-police are injured or killed in Montgomery County than firemen. Training is involvedbut is conducted by the fire department.Mr. Berg was a founding member of The Wellness Community, a support organization for cancer patients. Support includes medications which are free to patients. He was involved withthis organization for ten to fifteen years. He was also involved with the Lions Club inWhitemarsh Township. He never had a leadership role a d is currently only "semi-active". Mr.Berg also served on the board of the Terri Lynn Lokoff Child Care Foundation for several years.Mr. Berg is currently a member of the Montgomery County Bar Association. He has also been amember of the Pennsylvania Bar, American Bar, and Philadelphia Bar Associations.Mr. Berg testified that 20-25% of his work had been pro bono, but that it is probably about 80%currently. He has done a lot of pro bono for animal rights. He is current with his CLE's.He has also enjoyed participating in several plays and movies as an extra. He is a member of the Screen Actor's Guild. Mr. Berg stated that he has also performed stead-up comedy.He states that he has no outstanding liens or judgments. He believes he is current with histaxes. In 1995 he declared bankruptcy. The discharge only was issued in the last four to fivemonths. He was sued for legal malpractice once before.he does not recall if there was ever a judgment for malpractice. Although Mr. Berg now takes full responsibility for his improper handling of 
McCracken vs.Lancaster City Police, et al 
, but offered as mitigating circumstances his family duties and abankruptcy case that took over fifteen years. He has had to take care of his elderly mother, whois now 94, and his older brother. As mentioned earlier, his brother suffered from schizophreniaand had colon cancer for seven years before passing. He stated that his involvement with hisfamily duties impacted his job duties. He has also litigated law suits against the United States of  America, both President Bushes, President Obama, among others. These cases were pro bonoand very time consuming.He emphasized that ultimately he was responsible for the McCracken case and now that henow realizes he should not have accepted. That case was a civil rights case and Mr. Bergstated that he failed his client. He failed to file in a timely manner and failed to tell her that thecase was dismissed. Mrs. McCracken only found out about it two years later when she Googledher name.Mr. Berg admitted to all charges regarding violations of the rules of conduct, includingcompetence, scope of responsibility, lack of diligence, constant communications, conductprejudicial to the administration of justice, and misrepresentation to the client. He admits thatthis is not acceptable behavior for an attorney. He claimed that the case occurred during thetime of family duties but recognizes that this is not an excuse.The KODA Group

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